Common use of Items Included in Operating Expenses Clause in Contracts

Items Included in Operating Expenses. The term “Operating Expenses” as used in the Lease means: all costs and expenses of operation and maintenance of the Building and the Project, as determined by standard accounting practices, including the following costs by way of illustration but not limitation: (a) Real Property Taxes and Assessments (as defined in Subparagraph (ii) below) and any taxes or assessments imposed in lieu thereof; (b) any and all assessments imposed with respect to the Building pursuant to any covenants, conditions and restrictions affecting the Project, the Common Areas or the Building; (c) water and sewer charges and the costs of electricity, heating, ventilating, air conditioning and other utilities; (d) utilities surcharges and any other costs, levies or assessments resulting from statutes or regulations promulgated by any government or quasi-government authority in connection with the use, occupancy or alteration of the Building or the premises or the parking facilities serving the Building or the Premises; (e) costs of insurance obtained by Lessor to insure the Project against such perils as Lessor and/or any lender with a lien on the Project may require, provided that if coverage is obtained in a year subsequent to the Tenant’s Base Year that was not carried in Tenant’s Base Year, Operating Expenses in Tenant’s Base Year shall be increased by the cost of such coverage for the first year in which it is obtained; (f) waste disposal and janitorial services; (g) security; (h) costs incurred in the management of the Building, including, without limitation; (A) supplies, (B) wages and salaries (and payroll taxes and similar governmental charges related thereto) of employees below the level of building manager directly engaged in the operation and maintenance of the Building, (C) Building management office rental, supplies, equipment and related operating expenses, and (D) a management/administrative fee determined as a percentage of the annual gross revenues of the Building, not to exceed 3%; (j) supplies, materials, equipment and tools including rental of personal property used for maintenance; (k) repair and maintenance of the Building systems, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Lessor, (l) maintenance, costs and upkeep of all parking and Project common areas; (m) depreciation on a straight line basis and rental of personal property used in maintenance; (n) amortization on a straight line basis over the useful life [together with interest at the rate incurred by Lessor in connection with the capitalized expenditure] of all capitalized expenditures which are: (i) reasonably intended to produce a reduction in operating charges or energy consumption, but not to exceed the reduction achieved; or (ii) required under any governmental law or regulation that was not applicable to the Building on the Commencement Date; or (iii) for replacement of any Building equipment needed to operate the Building at the same quality levels as prior to the replacement provided that the equipment being replaced was not theretofore depreciated; (o) costs and expenses of gardening and landscaping; (p) maintenance of signs (other than signs of tenants of the Building); (q) personal property taxes levied on or attributable to personal property used in connection with the Building or the Common Areas; (r) reasonable accounting , audit, verification, legal and other consulting fees, and (s) costs and expenses of repairs, resurfacing, repairing, maintenance, painting, lighting, cleaning, refuse removal, security and similar items, including appropriate reserves.

Items Included in Operating Expenses. The term “"Operating Expenses” " as used in the Lease to which this Exhibit "E" is attached means: all costs and expenses of operation and maintenance of the Building and the ProjectPremises (as such terms are defined in the Lease), as determined by standard accounting practices, including the following costs by way of illustration but not limitation, but excluding those items specifically set forth in Paragraph 3 below: (a) Real Property Taxes and Assessments (as defined in Subparagraph (ii) Paragraph 2 below) and any taxes or assessments imposed in lieu thereof; (b) any and all assessments imposed with respect to the Building pursuant to any covenants, conditions and restrictions affecting the Project, the Common Areas Premises or the Building; (c) water and sewer charges and the costs of electricity, heating, ventilating, air conditioning electricity and other utilities; (d) utilities surcharges and any other costs, levies or assessments resulting from statutes or regulations promulgated by any government or quasi-government authority in connection with the use, occupancy or alteration of the Building or the premises Premises or the parking facilities serving the Building or the Premises; (e) costs of insurance obtained by Lessor Landlord pursuant to insure Paragraph 18 of the Project against such perils as Lessor and/or any lender with a lien on the Project may require, provided that if coverage is obtained in a year subsequent to the Tenant’s Base Year that was not carried in Tenant’s Base Year, Operating Expenses in Tenant’s Base Year shall be increased by the cost of such coverage for the first year in which it is obtained; (fLease;(f) waste disposal and janitorial servicesdisposal; (g) security; (h) third party management costs incurred by Landlord in connection with Landlord's performance of its obligations under the Lease in amounts consistent with management fees charged by other providers for similar services provided to commercial office buildings which are located in the management general area of the BuildingPremises, including, without limitation; : (Ai) supplies, and (Bii) wages and salaries (and payroll taxes and similar governmental charges related thereto) of employees below the level of building manager directly engaged in the operation and maintenance of the Building, (C) Building management office rental, supplies, equipment and related operating expenses, and (D) a management/administrative fee determined as a percentage of the annual gross revenues of the Building, not to exceed 3%employees; (ji) supplies, materials, equipment and tools including rental of personal property used for maintenance; (k) repair and maintenance of the Building systems, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Lessor, (lj) maintenance, costs and upkeep of all parking and Project common areasother areas of the Premises; (mk) depreciation on a straight line basis and rental of personal property used in maintenance; (nl) amortization on a straight line basis over the useful life [together with interest at the rate incurred by Lessor in connection with Interest Rate on the capitalized expenditure] unamortized balance of all capitalized expenditures which are: (i) reasonably intended to produce a reduction in operating charges or energy consumption, but not to exceed the reduction achieved; or (ii) required under any governmental law or regulation that was not applicable to the Building on Premises at the Commencement Datetime it was originally constructed; or (iii) for replacement of any Building Premises equipment needed to operate the Building Premises at the same quality levels as prior to the replacement provided that the equipment being replaced was not theretofore depreciatedreplacement; (om) costs and expenses of gardening and landscaping; (pn) maintenance of signs (other than signs of tenants of the Building)Tenant signage; (q) personal property taxes levied on or attributable to personal property used in connection with the Building or the Common Areas; (ro) reasonable accounting accounting, audit, verification, legal (other than legal fees incurred by Landlord in connection with a dispute in which Tenant is the prevailing party) and other consulting fees, fees incurred in connection with this Lease; and (sp) costs and expenses of repairs, resurfacing, repairing, maintenance, painting, lighting, cleaning, refuse removal, security and similar items, including appropriate reserves.

Items Included in Operating Expenses. The term “Operating Expenses” as used in the Lease to which this Exhibit “E” is attached means: all costs and expenses of operation operation, maintenance and maintenance repair of the Building and the ProjectCommon Areas (as such terms are defined in the Lease), as determined by standard accounting practices, calculated assuming the Building is ninety-five percent (95%) occupied, including the following costs by way of illustration but not limitation, but excluding those items specifically set forth in Paragraph 3 below: (a) Real Property Taxes and Assessments (as defined in Subparagraph (ii) Paragraph 2 below) and any taxes or assessments imposed in lieu thereof; (b) any and all assessments imposed with respect to the Building pursuant to any covenants, conditions and restrictions affecting the ProjectBuilding, the Common Areas or the Building; (c) water and sewer charges and the costs of electricity, heating, ventilating, air conditioning and other utilities; (d) utilities surcharges and any other costs, levies or assessments resulting from statutes or regulations promulgated by any government or quasi-government authority in connection with the use, occupancy or alteration of the Building or the premises or the parking facilities serving the Building or the Premises; (e) costs of insurance obtained by Lessor pursuant to insure Paragraph 19 of the Project against such perils as Lessor and/or any lender with a lien on the Project may require, provided that if coverage is obtained in a year subsequent to the Tenant’s Base Year that was not carried in Tenant’s Base Year, Operating Expenses in Tenant’s Base Year shall be increased by the cost of such coverage for the first year in which it is obtainedLease; (f) waste disposal and janitorial services; (g) security; (h) labor; (i) costs incurred in the management of the Building, including, without limitation; (Ai) supplies, (Bii) wages and salaries (and payroll taxes and similar governmental charges related thereto) of employees below the level of building manager directly engaged used in the management, operation and maintenance of the Building, (Ciii) Building management office rental, supplies, equipment and related operating expenses, and (Div) a management/administrative fee determined as a percentage of the annual gross revenues of the Building, not to exceed 3%Building exclusive of the proceeds of financing or a sale of the Building and an administrative xxx for the management of the Building Common Area determined as a percentage of Building Common Area Operating Expenses; (j) supplies, materials, equipment and tools including rental of personal property used for maintenance; (k) repair and maintenance of the Building systemselevators and the structural portions of the Building, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Lessor, ; (l) maintenance, costs and upkeep of all parking and Project common Building Common areas; (m) depreciation on a straight line basis and rental of personal property used in maintenance; (n) amortization on a straight line basis over the useful life [together with interest at the rate incurred by Lessor in connection with Interest Rate on the capitalized expenditureunamortized balance] of all capitalized expenditures which are: (i) reasonably intended to produce a reduction in operating charges or energy consumption, but not to exceed the reduction achieved; or (ii) required under any governmental law or regulation that was not applicable to the Building on at the Commencement Datetime it was originally constructed; or (iii) for replacement of any Building equipment needed to operate the Building at the same quality levels as prior to the replacement provided that the equipment being replaced was not theretofore depreciatedreplacement; (o) costs and expenses of gardening and landscaping; (p) maintenance of signs (other than signs of tenants Lessees of the Building); (q) personal property taxes levied on or attributable to personal property used in connection with the Building or the Common Areas; (r) reasonable accounting accounting, audit, verification, legal and other consulting fees, and (s) costs and expenses of repairs, resurfacing, repairing, maintenance, painting, lighting, cleaning, refuse removal, security and similar items, including appropriate reserves, and (t) rental of personal property used in maintenance. When calculating Operating Expenses for purposes of establishing Lessee’s Base Operating Expenses and Real Property Taxes, Operating Expenses shall not include Real Property Taxes and Assessments attributable to special assessments, charges, costs, or fees or due to modifications or changes in governmental laws or regulations including, but not limited to, the institution of a split tax roll, and shall exclude market-wide labor-rate increases due to extraordinary circumstances including, but not limited to, boycotts and strikes and utility increases due to extraordinary circumstances including, but not limited to, conservation surcharges, boycotts, embargoes or other shortages.

Items Included in Operating Expenses. The term “"Operating Expenses” " as used in the Lease to which this Exhibit "E" is attached means: all costs and expenses of operation and maintenance of the Building and the ProjectCommon Areas (as such terms are defined in the Lease), as determined by standard accounting practices, calculated assuming the Building is ninety-five percent (95%) occupied, including the following costs by way of illustration but not limitation, but excluding those items specifically set forth in Paragraph 3 below: (a) Real Property Taxes and Assessments (as defined in Subparagraph (ii) PARAGRAPH 2 below) and any taxes or assessments imposed in lieu thereof; (b) any and all assessments imposed with respect to the Building pursuant to any covenants, conditions and restrictions affecting the ProjectDevelopment, the Common Areas or the Building; (c) water and sewer charges and the costs of electricity, heating, ventilating, air conditioning and other utilities; (d) utilities surcharges and any other costs, levies or assessments resulting from statutes or regulations promulgated by any government or quasi-government authority in connection with the use, occupancy or alteration of the Building or the premises or the parking facilities serving the Building or the Premises; (e) costs of insurance obtained by Lessor pursuant to insure PARAGRAPH 19 of the Project against such perils as Lessor and/or any lender with a lien on the Project may require, provided that if coverage is obtained in a year subsequent to the Tenant’s Base Year that was not carried in Tenant’s Base Year, Operating Expenses in Tenant’s Base Year shall be increased by the cost of such coverage for the first year in which it is obtainedLease; (f) waste disposal and janitorial services; (g) security; (h) labor; (i) costs incurred in the management of the Building, including, without limitation; (Ai) supplies, (Bii) wages and salaries (and payroll taxes and similar governmental charges related thereto) of employees below the level of building manager directly engaged used in the management, operation and maintenance of the Building, (Ciii) Building management office rental, supplies, equipment and related operating expenses, and (Div) a management/administrative fee determined as a percentage of the annual gross revenues of the Building, not to exceed 3%Building exclusive of the proceeds of financing or a sale of the Building and an administrative fee for the management of the Development Common Area determined as a percentage of Development Common Area Operating Expenses; (j) supplies, materials, equipment and tools including rental of personal property used for maintenance; (k) repair and maintenance of the Building systemselevators and the structural portions of the Building, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Lessor, ; (l) maintenance, costs and upkeep of all parking and Project common Development Common areas; (m) depreciation on a straight line basis and rental of personal property used in maintenance; (n) amortization on a straight line basis over the useful life [together with interest at the rate incurred by Lessor in connection with Interest Rate on the capitalized expenditureunamortized balance] of all capitalized expenditures which are: (i) reasonably intended to produce a reduction in operating charges or energy consumption, but not to exceed the reduction achieved; or (ii) required under any governmental law or regulation that was not applicable to the Building on at the Commencement Datetime it was originally constructed; or (iii) for replacement of any Building equipment needed to operate the Building at the same quality levels as prior to the replacement provided that the equipment being replaced was not theretofore depreciatedreplacement; (o) costs and expenses of gardening and landscaping; (p) maintenance of signs (other than signs of tenants Lessees of the Building); (q) personal property taxes levied on or attributable to personal property used in connection with the Building or the Common Areas; (r) reasonable accounting accounting, audit, verification, legal and other consulting fees, and (s) costs and expenses of repairs, resurfacing, repairing, maintenance, painting, lighting, cleaning, refuse removal, security and similar items, including appropriate reserves. When calculating Operating Expenses for purposes of establishing Lessee's Base Operating Expense, Operating Expenses shall not include Real Property Taxes and Assessments attributable to special assessments, charges, costs, or fees or due to modifications or changes in governmental laws or regulations including, but not limited to, the institution of a split tax roll, and shall exclude market-wide labor-rate increases due to extraordinary circumstances including, but not limited to, boycotts and strikes and utility increases due to extraordinary circumstances including, but not limited to, conservation surcharges, boycotts, embargos or other shortages.

Items Included in Operating Expenses. The term “"Operating Expenses” " as used in the Lease to which this Exhibit "E" is attached means: all costs and expenses of operation and maintenance of the Building and the ProjectCommon Areas (as such terms are defined in the Lease), as determined by standard accounting practices, calculated assuming the Building is ninety-five percent (95%) occupied, including the following costs by way of illustration but not limitation, but excluding those items specifically set forth in Paragraph 3 below: (a) Real Property Taxes and Assessments (as defined in Subparagraph (ii) PARAGRAPH 2 below) and any taxes or assessments imposed in lieu thereof; (b) any and all assessments imposed with respect to the Building pursuant to any covenants, conditions and restrictions affecting the ProjectDevelopment, the Common Areas or the Building; (c) water and sewer charges and the costs of electricity, heating, ventilating, air conditioning and other utilities; (d) utilities surcharges and any other costs, levies or assessments resulting from statutes or regulations promulgated by any government or quasi-government authority in connection with the use, occupancy or alteration of the Building or the premises Premises or the parking facilities serving the Building or the Premises; (e) costs of insurance obtained by Lessor Landlord pursuant to insure PARAGRAPH 19 of the Project against such perils as Lessor and/or any lender with a lien on the Project may require, provided that if coverage is obtained in a year subsequent to the Tenant’s Base Year that was not carried in Tenant’s Base Year, Operating Expenses in Tenant’s Base Year shall be increased by the cost of such coverage for the first year in which it is obtainedLease; (f) waste disposal and janitorial services; (g) security; (h) labor; (i) costs incurred in the management of the Building, including, without limitation; : (Ai) supplies, (Bii) wages and salaries (and payroll taxes and similar governmental charges related thereto) of employees below the level of building manager directly engaged used in the management, operation and maintenance of the Building, (Ciii) Building management office rental, supplies, equipment and related operating expenses, and (Div) a management/administrative fee determined as a percentage of the annual gross revenues of the Building, not to exceed 3%Building exclusive of the proceeds of financing or a sale of the Building and an administrative fee for the management of the Development Common Area determined as a percentage of Development Common Area Operating Expenses; (j) supplies, materials, equipment and tools including rental of personal property used for maintenance; (k) repair and maintenance of the Building systemselevators and the structural portions of the Building, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Lessor, Landlord; (l) maintenance, costs and upkeep of all parking and Project common areasDevelopment Common Areas; (m) depreciation on a straight line basis and rental of personal property used in maintenance; (n) amortization on a straight line basis over the useful life [together with interest at the rate incurred by Lessor in connection with Interest Rate on the capitalized expenditureunamortized balance] of all capitalized expenditures which are: (i) reasonably intended to produce a reduction in operating charges or energy consumption, but not to exceed the reduction achieved; or (ii) required under any governmental law or regulation that was not applicable to the Building on at the Commencement Datetime it was originally constructed; or (iii) for replacement of any Building equipment needed to operate the Building at the same quality levels as prior to the replacement provided that the equipment being replaced was not theretofore depreciatedreplacement; (o) costs and expenses of gardening and landscaping; (p) maintenance of signs (other than signs of tenants of the Building); (q) personal property taxes levied on or attributable to personal property used in connection with the Building or the Common Areas; (r) reasonable accounting accounting, audit, verification, legal and other consulting fees, ; and (s) costs and expenses of repairs, resurfacing, repairing, maintenance, painting, lighting, cleaning, refuse removal, security and similar items, including appropriate reserves. When calculating Operating Expenses for purposes of establishing Tenant's Operating Expense Allowance, Operating Expenses shall not include Real Property Taxes and Assessments attributable to special assessments, charges, costs, or fees or due to modifications or changes in governmental laws or regulations including, but not limited to, the institution of a split tax roll, and shall exclude market-wide labor-rate increases due to extraordinary circumstances including, but not limited to, boycotts and strikes and utility increases due to extraordinary circumstances including, but not limited to, conservation surcharges, boycotts, embargoes or other shortages.